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Code · BILL · 118th Congress · S. 2122 (Introduced in Senate) — To amend the Act of August 16, 1937 (commonly referred to as the National Apprenticeship Act), to expand the national... · Sec. 3

Sec. 3. Amendment

24,676 words·~112 min read·/bill/118/s/2122/is/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Act of August 16, 1937 (commonly referred to as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), is amended to read as follows: This Act may be cited as the . National Apprenticeship Act The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Programs under the national apprenticeship system. Sec. 4. Transition provisions. Sec. 5. Disaggregation of data. Sec. 6. Relation to other laws.
TITLE I—Promoting Programs Under the National Apprenticeship System Subtitle A—The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement Sec. 111. The Office of Apprenticeship. Sec. 112. National Advisory Committee on Apprenticeships. Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship. Sec. 114. Interagency agreement with Department of Education. Subtitle B—Process and Standards for the National Apprenticeship System Sec. 121.
Occupations suitable for apprenticeship. Sec. 122. Quality standards of programs under the national apprenticeship system. Sec. 123. Apprenticeship agreements. Sec. 124. Registration of programs under the national apprenticeship system. Subtitle C—Evaluations and Research Sec. 131. Program evaluations. Sec. 132. National apprenticeship system research. Subtitle D—General Provisions Sec. 141. Authorization of appropriations. TITLE II—Modernizing the National Apprenticeship System for the 21st Century Sec. 201.
Award requirements. Sec. 202. Uses of funds. Sec. 203. Evaluations of activities. Sec. 204. Authorization of appropriations. Sec. 205. Definitions. In this Act: The term Administrator means the Administrator of the Office of Apprenticeship established under section 111(a). The term Advisory Committee means the National Advisory Committee on Apprenticeships established under section 112. The term apprentice means an individual who is— except where a higher minimum age standard is otherwise required by law, at least 16 years of age; employed by an employer that sponsors or participates in an apprenticeship program; and a participant of such an apprenticeship program.
The term apprenticeship agreement means a written agreement under section 123 between— an apprentice, a youth apprentice, or a pre-apprentice; and a sponsor. The term apprenticeship hub means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of apprenticeship, pre-apprenticeship, and youth apprenticeship programs. The term apprenticeship , used with respect to a program, means a program that meets the standards described in subsections
(b)and
(e)of section 122 and is registered under section 124(b). The term competency means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written and hands-on proficiency measurement. The term education and training provider means— an area career and technical education school; an early college high school; an education service agency; a high school; a local educational agency or State educational agency; a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; a postsecondary educational institution; a minority-serving institution; a provider of adult education and literacy activities under the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ); a local agency administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741); a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192 )); or a consortium of entities described in any of subparagraphs
(A)through (L). The term English learner means an individual who was not born in the United States or whose native language is a language other than English. The term frontier State has the meaning given the term in section 1886(d)(3)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E)(iii) ). The terms Indian Tribe and Tribal organization have the meaning given the terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term interim credential means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in an apprenticeship, pre-apprenticeship, or youth apprenticeship program. The term journeyworker means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. The term minority-serving institution means an institution defined in any of paragraphs
(1)through
(7)of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). The term national apprenticeship system means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that are approved by the Office of Apprenticeship and State apprenticeship agencies. The term national program standards of apprenticeship means a set of apprenticeship program standards developed and adopted by a sponsor that— are designed for traditional and nontraditional apprenticeship occupations; are national or multi-State in the design, suitability, and scope of the standards; and are registered on a nationwide basis by the Office of Apprenticeship under section 111(b)(10). The term nontraditional apprenticeship occupation means an occupation in an industry sector which has an average program participant rate of fewer than 10 percent for each of the 5 preceding years. In this paragraph, the term program participant rate , when used with respect to an occupation in an industry sector, means the percentage of the total program participants that participate in an apprenticeship, pre-apprenticeship, or youth apprenticeship program in such occupation. The term nontraditional apprenticeship population means a group of individuals with a common demographic trait (such as individuals from the same gender, race, or ethnicity), the members of which— comprise fewer than 25 percent of the program participants in an apprenticeship, pre-apprenticeship, or youth apprenticeship program; or based on the most recent satisfactory data from the Bureau of the Census, comprise a percentage of individuals employed in an occupation that is lower than the percentage of the total population of the United States comprised by such members. The term occupation suitable for apprenticeship means an occupation that the Administrator has approved as an occupation suitable for apprenticeship under section 121. The term outlying area means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. The term pre-apprentice means a participant in a pre-apprenticeship program. The term pre-apprenticeship , used with respect to a program, means a training model or program that— prepares individuals for acceptance into an apprenticeship program; meets the standards described in subsections
(c)and
(e)of section 122; and is registered under section 124(b). The term program participant means an apprentice, a pre-apprentice, or a youth apprentice. The term qualified intermediary means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph
(B)and serves program participants and employers by— connecting employers to apprenticeship, pre-apprenticeship, or youth apprenticeship programs; assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; providing professional development activities such as training to mentors; supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; providing services, resources, and supports for development, delivery, expansion, or improvement of apprenticeship, pre-apprenticeship, or youth apprenticeship programs; or serving as a sponsor. The partnerships described in this subparagraph are partnerships among entities involved in, or applying to participate in, apprenticeship, pre-apprenticeship, or youth apprenticeship programs, including— industry or sector partnerships; partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans-service organizations in the State workforce development system; or partnerships among entities described in clauses
(i)and (ii). The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), except that such term does not include a certificate of completion of an apprenticeship. The term registration agency means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for— registering— in accordance with section 124, programs under the national apprenticeship system; and in accordance with subsection (b)(3)(B) of such section, program participants in the State or area covered by such Office or agency; and carrying out the responsibilities of supporting the youth apprenticeship, pre-apprenticeship, or apprenticeship programs registered by such Office or agency, including— providing technical assistance to such programs and sponsors of such programs; and conducting regular quality assurance assessments and reviews of such programs to ensure compliance with the minimum labor standards and the equal employment opportunity requirements of this Act. The term related instruction means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). The term related Federal programs means programs or activities under the following: The Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), including adult education and literacy activities under such Act. The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). The Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). Title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ). Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). The postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). Chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ). Chapter 41 of title 38, United States Code. Employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ). State unemployment compensation laws (in accordance with applicable Federal law). Section 231 of the Second Chance Act of 2007 ( 34 U.S.C. 60541 ). Part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). Employment and training activities carried out by the Secretary of Housing and Urban Development, the Secretary of Defense, the Secretary of Commerce, the Secretary of Energy, the Secretary of Transportation, and the Administrator of the Small Business Administration. Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ). Educational assistance programs under chapters 30 through 36 of title 38, United States Code. The term rural area means an area in a frontier State. The term Secretary means the Secretary of Labor. The term sponsor means any employer, joint labor-management organization, trade association, committee, professional association, labor organization, education and training provider, or qualified intermediary— in whose name a apprenticeship, pre-apprenticeship, or youth apprenticeship program is (or is to be) registered by a registration agency under section 124; and that assumes responsibility for the implementation of such program. The term State — has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and includes each of the outlying areas. The term State apprenticeship agency means a State agency recognized as a State apprenticeship agency under section 113(a)(1). The term State apprenticeship council means an entity established under section 113(b)(3) to assist the State apprenticeship agency. The term State office of apprenticeship means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3). The terms State workforce development and local workforce development , used with respect to a board, have the meanings given the terms State board and local board , respectively, in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term State , used with respect to a workforce agency, means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121 et seq. , 3131 et seq.). The term Tribal educational agency has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). The term veteran means an individual who has served in the United States Armed Forces. The term youth apprentice means a participant in a youth apprenticeship program. The term youth apprenticeship , used with respect to a program, means a model or program that meets the standards described in subsections
(d)and
(e)of section 122 and is registered under under section 124(b). The terms area career and technical education school , articulation agreement , credit transfer agreement , postsecondary educational institution , Tribally controlled college or university , Tribally controlled postsecondary career and technical institution , and work-based learning have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). The terms dual or concurrent enrollment program , early college high school , educational service agency , high school , local educational agency , paraprofessional , and State educational agency have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The terms career pathway , dislocated worker , in-demand industry sector or occupation , individual with a barrier to employment , industry or sector partnership , labor market area , local area , one-stop center , one-stop operator , one-stop partner , supportive services , and workforce development system have the meanings given in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, cooperative agreements, or other agreements, or the development, implementation, or administration, of programs under the national apprenticeship system. The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by the National Apprenticeship Act of 2023 ) from any authority under this Act as in effect on the day before the date of enactment of the National Apprenticeship Act of 2023 . The Secretary may— prescribe, in accordance with chapter 5 of title 5, United States Code, rules and regulations to carry out this Act to the extent necessary to administer and ensure compliance with the requirements of this Act; and continue to administer any regulations in effect as of the date of enactment of the National Apprenticeship Act of 2023 that are not inconsistent with this Act (as amended by the National Apprenticeship Act of 2023 ). Except as provided in subsection (b), the disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information. Subsection
(a)shall not apply with respect to the disaggregation of data for the purposes of research and evaluation under section 132. Nothing in this Act shall invalidate, supersede, or limit the remedies, rights, and procedures under any Federal, State, or local law, or the law of any State or political subdivision of any State or jurisdiction establishing minimum labor standards of apprenticeship or minimum requirements for equal employment opportunity in connection with programs under the national apprenticeship system that are more protective than those established under this Act, including those laws governing the numeric ratio of apprentices to journeyworkers, the minimum starting age of an apprentice, the minimum entry wage payable to a program participant, the minimum number of hours of on-the-job learning or related instruction required by an apprenticeship program, and the provision of remedies, rights, and procedures that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, gender identity, age, genetic information, or disability than are afforded by this Act. There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the Office ), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office, to— facilitate the administration of the requirements of this Act and of any regulations issued under this Act; coordinate the effective operation of the national apprenticeship system; and fulfill and advance the specific duties and objectives described in this Act. The Office shall retain final decision-making authority for Federal purposes on any matter related to the registration, deregistration, or operation of any program registered by a registration agency. The Administrator shall be responsible for the administration of this Act, including: The Administrator shall carry out promotion and awareness activities with respect to this Act, including the following: Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre-apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal agencies, Federal and State correctional facilities, veterans-service organizations, and prospective apprentices in such programs. Promoting greater diversity in the national apprenticeship system including by— promoting outreach to nontraditional apprenticeship populations, including by engaging schools that participate in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ) and minority-serving institutions; disseminating best practices to recruit nontraditional apprenticeship populations, such as women, minorities, long-term unemployed individuals, individuals with a disability, individuals recovering from substance abuse disorders, veterans, military spouses, individuals experiencing homelessness, formerly incarcerated individuals, and foster and former foster youth; and engaging small, medium-size, women-owned, and minority-owned businesses, and employers in high-skill, high-wage, and in-demand industry sectors and occupations that are nontraditional apprenticeship occupations; and supporting the participation and retention in the national apprenticeship system of apprentices and employers from the populations and businesses and industry sectors and occupations, respectively, described in clause (i). The Administrator shall carry out technical assistance activities with respect to this Act, including the following: Providing technical assistance to— assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including with respect to developing the State plan in section 113(c), the process and standards described in subtitle B, and the evaluation and research requirements described in subtitle C; receive and resolve comments or complaints from youth apprentices, pre-apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders; assist (including by providing assistance for remote or virtual learning or training, as necessary)— sponsors, employers, qualified intermediaries, and education and training or related instruction providers; or other entities interested in becoming sponsors or seeking support for developing apprenticeship, pre-apprenticeship, or youth apprenticeship programs or for effectively carrying out such programs; assist eligible entities applying for or carrying out grants, contracts, or cooperative agreements under title II, including through facilitating the sharing of best practices; share, through a national apprenticeship system clearinghouse, high-quality materials for apprenticeship, pre-apprenticeship, or youth apprenticeship programs (such as related instruction or training materials in, as determined by the Administrator, user-friendly formats and languages that are easily accessible); and assist State apprenticeship agencies in establishing or expanding apprenticeship hubs in accordance with section 113(c)(6). Cooperating with other Federal agencies for the promotion and establishment of apprenticeship, pre-apprenticeship, or youth apprenticeship programs, including the— Secretary of Education in— providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with State education systems and education and training providers; and supporting the eligibility of academic credit and credentials earned as part of such programs, including through articulation agreements and career pathways; State workforce development systems to promote awareness of opportunities under the national apprenticeship system; Attorney General and the Director of the Bureau of Prisons in providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with a mentoring program administered by the Attorney General to— support the establishment or expansion of pre-apprenticeships and apprenticeship programs to all Federal correctional institutions; share through the national apprenticeship system clearinghouse research and best practices for apprenticeship, pre-apprenticeship, or youth apprenticeship programs in correctional settings and for individuals impacted by the criminal and juvenile justice system; provide technical assistance for State prison systems and employers seeking to operate or improve corrections-based pre-apprenticeship or apprenticeship programs; and support the successful transition of individuals in correctional institutions to pre-apprenticeship or apprenticeship programs upon exiting from correctional settings; and Secretary of Health and Human Services to coordinate with State programs funded by the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) to promote awareness of opportunities under the national apprenticeship system for participants in such State programs. The Administrator shall establish and operate a State Office of Apprenticeship in each State described in clause
(ii)to, as described in subparagraph (B), serve as the registration agency for such State. A State described in this clause is a State— in which, as of the day before the date of enactment of the National Apprenticeship Act of 2023 , there is no State Office of Apprenticeship; and that has not applied for recognition as a State apprenticeship agency under section 113(a)(2), or for which such recognition was not provided or has been withdrawn by the Administrator under subsection (e)(1) of such section. Each State Office of Apprenticeship shall have authority to register a pre-apprenticeship, youth apprenticeship, or apprenticeship program in the State of such State Office of Apprenticeship, including by— determining whether such program is in compliance with the standards for such program under section 122; in accordance with section 124, registering such a program that is in compliance with such standards and providing a certificate of registration for such program; providing technical assistance to sponsors or potential sponsors; and in the case of such a program that fails to meet the requirements of this Act, providing for the deregistration of the program in accordance with section 131(d). Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c), except that a reference to a State apprenticeship agency or a State agency in such section or section 113(d) (other than in paragraph
(5)of such section) shall be considered to be a reference to the State Office of Apprenticeship. Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall— make information on such vacancy available on a publicly accessible website; and if such vacancy is not filled 90 days after such position became vacant, report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the status and length of such vacancy. Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote apprenticeship, pre-apprenticeship, or youth apprenticeship programs in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State. Not later than 1 year after the effective date of the National Apprenticeship Act of 2023 , and at least every 3 years thereafter, the Administrator, shall review, and as appropriate, update the process for meeting the requirements of subtitle B, including applicable subregulatory guidance and registration processes— to ensure that such process is easily accessible and efficient to bring together entities described in section 2(31) as sponsors or potential sponsors of apprenticeship, pre-apprenticeship, or youth apprenticeship programs; to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants; and to extend the application of such standards in apprenticeship agreements. The Administrator shall— review each application submitted under section 121(a) seeking approval for an occupation to be an occupation suitable for apprenticeship; and except as provided in clause (ii), make a determination, not later than 45 days after receipt of such application, in accordance with such section on whether to provide such approval. If the Administrator does not make a determination under clause (i)(II) within 45 days of receipt of the application under section 121(a), the Administrator shall provide the applicant with— a written explanation for the delay; and an estimated timeline for a determination that is not more than 90 days after the date of such written explanation. The Administrator— shall regularly review each occupation suitable for apprenticeship to ensure that the occupation is in compliance with the national occupational standards established or updated under subparagraph (B)(i); and may, if the Administrator determines through such review that the occupation is no longer in compliance, withdraw the approval of the occupation. Using funds appropriated under section 141(a), the Administrator shall, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), convene relevant representatives described in clause
(ii)to establish or update frameworks for national occupational standards for occupations suitable for apprenticeship (including potential occupations) that— meet the requirements of this Act; and describe— program scope and length, required related instruction, required on-the-job training, recognized postsecondary credentials awarded through such apprenticeship, and competencies achieved through such apprenticeship; and relevant timelines for review of such frameworks. Subject to subclause (II), the industry sector leaders and experts described in this clause are representatives of employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, national qualified intermediaries (including those supporting increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship occupations) and other stakeholders relevant, as determined by the Administrator, to the sector or occupation for which the frameworks under clause
(i)are being established or updated. In the case of an occupation or sector classified in sector 23 of the most recent publication of the North American Industry Classification System, not fewer than half of the industry sector leaders and experts involved in establishing or updating the applicable frameworks under clause
(i)with respect to such occupation or sector shall be representatives of— labor organizations who represent employees primarily in the building trades and construction industry; or joint labor-management organizations who have responsibility for the administration of an apprenticeship program in the building trades and construction industry. In establishing frameworks under clause
(i)for the first time after the effective date of the National Apprenticeship Act of 2023 , the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in-demand industry sectors and occupations. Not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2023 , the Secretary shall, through notice and comment rulemaking under section 553 of title 5, United States Code, issue regulations for purposes of carrying out subparagraphs (A), (B), and (C). The Administrator shall regularly evaluate the participation rate of the nontraditional apprenticeship populations, such as women, minorities, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, formerly incarcerated individuals, and foster and former foster youth, for each occupation suitable for apprenticeship. The Administrator shall— monitor State apprenticeship agencies, State Offices of Apprenticeship, recipients and subrecipients of assistance, and sponsors of apprenticeship, pre-apprenticeship, or youth apprenticeship programs to ensure compliance with the requirements of this Act; conduct research and evaluation in accordance with subtitle C; and require regular reports by State apprenticeship agencies on the performance of State agencies, including on efforts State agencies make to increase employer awareness of apprenticeship programs for employers who have not participated. The Administrator shall promote diversity, and ensure equal opportunity to participate, in programs for apprentices, youth apprentices, and pre-apprentices, including by— taking steps necessary to promote diversity in occupations suitable for apprenticeship under the national apprenticeship system, especially in high-skill, high-wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; and supporting the recruitment, employment, and retention of nontraditional apprenticeship populations (including, as applicable, women, people of color, individuals with disabilities, low-income participants in related Federal programs, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment) in apprenticeship, pre-apprenticeship, and youth apprenticeship programs in high-skill, high-wage, and in-demand industry sectors and occupations. The Administrator shall— regularly consult with the National Advisory Committee on Apprenticeships established under section 112(a); and transmit required recommendations and other reports of the Advisory Committee to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The Administrator shall coordinate and align apprenticeship, pre-apprenticeship, and youth apprenticeship programs with related Federal programs to better promote participation in the national apprenticeship program. The Administrator shall, on a nationwide basis, register as national program standards of apprenticeship any standards for an apprenticeship, pre-apprenticeship, or youth apprenticeship program submitted by the sponsor of such program that meet the minimum requirements for national program standards established by the Administrator. The Administrator shall provide for data collection and dissemination of information regarding apprenticeship, pre-apprenticeship, and youth apprenticeship programs, including— not later than 1 year after the date of enactment of the National Apprenticeship Act of 2023 , establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, eligible entities carrying out grants, contracts, or cooperative agreements under title II, sponsors, and administrators by providing for a data infrastructure that— is— developed and maintained by the Administrator with input from national data and privacy experts; and informed by best practices on public provision of credential information; and aligns, to the extent practicable, with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); best meets the needs of the national apprenticeship system stakeholders that are reporting data to the Administrator or State apprenticeship agencies, including through the provision of, as necessary, technical assistance and financial assistance to ensure reporting systems are equipped to report into such single information technology infrastructure; and is aligned with data from the performance reviews under section 131(b)(1)(A); providing for data sharing on the most recent data available to the Administrator (consistent with national standards and practices) that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is consumer tested and is searchable and comparable (through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource) and that allows interested parties to become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, sponsors, and relevant stakeholders, including— information on program offerings under the national apprenticeship system based on geographical location and occupations suitable for apprenticeship; information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings; and information about the educational and occupational credentials and related competencies of programs under such system. There is established in the Department of Labor a National Advisory Committee on Apprenticeships. The Advisory Committee shall consist of— 27 voting members described in subparagraph
(B)who are appointed by the Secretary; and ex officio nonvoting members described in subparagraph (C). The voting members described in this subparagraph are— 9 representatives of employers or industry associations who participate in an apprenticeship program, including— not less than 1 representative who represents employers representing nontraditional apprenticeship occupations and, as applicable, other high-skill, high-wage, or in-demand industry sectors or occupations; and not less than 1 representative who represents a women, minority, or veteran-owned business; 9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor-management organization and from nontraditional apprenticeship occupations), including not less than 1 representative who represents employees primarily in the building trades and construction industry; and 1 representative of— a State apprenticeship agency; a State or local workforce development board with significant expertise in supporting an apprenticeship, pre-apprenticeship, or youth apprenticeship program; a community organization with significant expertise supporting such a program; an area career and technical education school or local educational agency; a State apprenticeship council; a State or local postsecondary education and training provider that administers, or has an articulation agreement with an entity administering, an apprenticeship, pre-apprenticeship, or youth apprenticeship program; a provider of an industry-recognized credential; a national qualified intermediary, including a national qualified intermediary that supports increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship occupations; and a program participant. The ex officio nonvoting members described in this subparagraph are representatives of— the Secretary of Labor; the Secretary of Commerce; the Secretary of Education; the Secretary of Energy; the Secretary of Housing and Urban Development; the Secretary of Transportation; the Secretary of Veterans Affairs; the Secretary of Health and Human Services; the Attorney General; the Secretary of Defense; and the Chair of the Federal Communications Commission. The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate may each recommend to the Secretary an individual described in clause
(i)or
(ii)of subparagraph
(B)for appointment under subparagraph (A)(i). Each individual selected under paragraph (2)(A)(i) shall be selected by the Secretary on the basis of the experience and competence of such individual with respect to apprenticeship, pre-apprenticeship, and youth apprenticeship programs. Except as provided in subparagraphs
(B)and (C), each member of the Advisory Committee selected under paragraph (2)(A)(i) shall be appointed for a term of 3 years. The appointments of the initial members of the Advisory Committee selected under paragraph (2)(A)(i) shall be made not later than 6 months after the effective date of the National Apprenticeship Act of 2023 . As designated by the Secretary at the time of the appointment, of such members— 9 members shall serve a 1-year term; 9 members shall serve a 2-year term; and 9 members shall serve a 3-year term. A vacancy on the Advisory Committee of a member selected under paragraph (2)(A)(i) shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment, except that such appointment shall be made not later than 90 days after the date of the vacancy. An individual chosen to fill such a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member selected under paragraph (2)(A)(i) shall not expire before the date on which the member's successor takes office. Such a member who fulfilled a partial term as the result of a vacancy may, at the end of that term, be appointed to a full term. A member of the Advisory Committee selected under paragraph (2)(A)(i) may serve not more than 2 full terms on the Advisory Committee. The Secretary may establish subcommittees under the Advisory Committee, which shall be composed in equal number of representatives from individuals listed in subclauses (I), (II), and
(III)of subparagraph (B)(ii), to carry out specific functions related to the purposes of the Advisory Committee and provide recommendations to the Advisory Committee for the review and consideration of the Advisory Committee. Any subcommittee established under clause
(i)may meet, as appropriate, when the Advisory Committee is not meeting in accordance with subsection (c). The Secretary shall designate one voting member described in subsection (a)(2)(A)(i) of the Advisory Committee to serve as Chairperson of the Advisory Committee. The Advisory Committee shall meet at the call of the Secretary and shall hold not fewer than 4 meetings during each calendar year. The Secretary shall consult with the Chairperson in developing the agenda for the meeting. All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection not later than 30 days after the meeting. The Advisory Committee shall, at a minimum— advise, consult with, and make recommendations to the Secretary on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act; annually make recommendations to the Secretary, to be transmitted in accordance with section 111(b)(8)(B), on improving the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B; make recommendations to the Secretary, to be transmitted in accordance with section 111(b)(9)(B) on expanding participation of nontraditional apprenticeship populations in apprenticeship, pre-apprenticeship, and youth apprenticeship programs; and review occupations suitable for apprenticeship and, based on reviews of labor market trends and changes, make recommendations to the Secretary on whether to— update the list of occupations suitable for apprenticeship under section 111(b)(5); or convene sector leaders and experts under subparagraph
(B)of such section for establishing specific frameworks of national occupational standards. A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee. Members of the Advisory Committee who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Advisory Committee. The Secretary shall supply the Advisory Committee with an executive director and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to carry out the duties described in subsection (d). The Advisory Committee, through its Chairperson, may request data from the Secretary as determined necessary by the Advisory Committee to carry out the functions of the Advisory Committee. Chapter 10 of title 5, United States Code (other than section 1013 of such chapter) shall apply to the Advisory Committee. The Administrator shall recognize a State agency of a State that submits an application under paragraph
(2)as the State apprenticeship agency of the State and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B in the State. A State desiring to have a State agency recognized as a State apprenticeship agency under paragraph
(1)shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including— the initial State plan described in subsection (c)(2)(A)(i); a description of how the State apprenticeship agency will meet the State plan requirements of subsection (c); and a description of the linkages and coordination of the proposed standards, criteria, and requirements in such State plan with the State’s economic development strategies and workforce development system and the State’s secondary, postsecondary, and adult education systems. Not later than 180 days after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under paragraph (1). The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A). The Secretary shall notify a State apprenticeship agency not fewer than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section. In the case of a State apprenticeship agency that is in compliance with this section, the recognition of the State apprenticeship agency under paragraph
(1)shall be renewed for an additional 4-year period and the notification under subclause
(I)shall include notification of such renewal. In the case of a State apprenticeship agency that is not in compliance with this section, the notification shall— specify the areas of noncompliance; require corrective action; and offer technical assistance. If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days after the date of the notification of noncompliance under clause (ii)(I), the recognition of the State apprenticeship agency under paragraph
(1)shall be renewed for an additional 4-year period. Not later than 1 year after the effective date of the National Apprenticeship Act of 2023 , a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2). A State agency described in clause
(i)shall be recognized as a State apprenticeship agency under paragraph
(1)for a 4-year period beginning on the date on which the Secretary approves the application submitted by the State agency under paragraph (2). For the period during which a State apprenticeship agency is recognized under subsection (a)(1), the State apprenticeship agency shall carry out the requirements of a registration agency under this Act. The State apprenticeship agency of a State shall have authority to register a pre-apprenticeship, youth apprenticeship, or apprenticeship program in such State, including by— determining whether such program is in compliance with the standards for such program under section 122; in accordance with section 124, registering such a program that is in compliance with such standards and providing a certificate of registration for such program; providing technical assistance to sponsors or potential sponsors; and in the case of such a program that fails to meet the requirements of this Act, providing for the deregistration of the program in accordance with section 131(d). A State apprenticeship agency shall establish and maintain a State apprenticeship council, which shall operate under the direction and control of the State apprenticeship agency, and whose functions shall include providing the State apprenticeship agency with advice, recommendations, and reports concerning apprenticeship policies, regulations, and trends. A State apprenticeship council established under subparagraph
(A)may be regulatory or advisory in nature and shall— be composed of individuals familiar with occupations suitable for apprenticeship; and be fairly balanced, with an equal number of— representatives of employer organizations, including such employer organizations with respect to nontraditional apprenticeship occupations; representatives of labor organizations or joint labor-management organizations, including such organizations with respect to nontraditional apprenticeship occupations; and public members; and to the extent practicable, have not less than 1 member who is a member of the State workforce board of the State of the State apprenticeship council. A State apprenticeship council may make recommendations on a sponsor’s application for program registration under section 124, but may not make final determinations on approval or disapproval of such application. For purposes of an application under subsection (a)(2)(A) by a State agency to be recognized under subsection (a)(1) as a State apprenticeship agency, the State agency shall submit to the Secretary a State plan that meets the requirements of this subsection. The initial State plan of a State apprenticeship agency submitted under subsection (a)(2)(A) shall— contain— a description of any State laws (including regulations), policies, or operational procedures relating to the process of registering programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act; an assurance that the State apprenticeship agency will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in item
(aa)that occur after the date of submission of such plan; an assurance that the State apprenticeship agency will make available, on a publicly available website, a description of any State laws (including regulations), policies, and operational procedures relating to the process of registering programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act; the requirements described in paragraphs
(3)through (12); the plan to promote diversity in the national apprenticeship system described in paragraph (13); and an assurance that the State apprenticeship agency will submit subsequent plans in accordance with clause (ii); and be submitted to the Administrator with the application under subsection (a)(2)(A). A State apprenticeship agency shall submit an updated State plan to the Administrator not later than 120 days prior to the end of the 4-year period covered by the preceding State plan. Not later than 90 days after the date of submission of a State plan under subparagraph
(A)or of a modified State plan under subparagraph (C), the Administrator shall— approve such plan; or if the Administrator determines such plan is inconsistent with the requirements of this Act, provide to the State agency— a written explanation for the determination; and an opportunity to, not later than 30 days after receipt of such determination, appeal of such determination to an administrative law judge. At the end of the first 2-year period of any 4-year period covered by a State plan, the State apprenticeship agency may submit modifications of the State plan to the Administrator to reflect changes in labor market and economic conditions or other factors affecting the implementation of the State plan. A modified State plan submitted for review under clause
(i)shall be subject to the approval requirements described in subparagraph (B). Each State Plan submitted in accordance with paragraph
(2)shall describe how the State apprenticeship agency will provide technical assistance for— potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for purposes of recruitment, retention, program development, expansion, or implementation, including by, as necessary, supporting remote or virtual learning or training; sponsors of programs registered in the State, including sponsors that are not meeting performance goals under subtitle C, for purposes of assisting sponsors in meeting or exceeding such goals; and sponsors of programs registered in that State for purposes of assisting such sponsors in achieving, in accordance with paragraph (13), State goals with respect to diversity and equal opportunity in apprenticeships. Each State plan submitted in accordance with paragraph
(2)shall describe the process for the State apprenticeship agency to register in the State any apprenticeship, pre-apprenticeship, or youth apprenticeship program that is seeking to be registered in such State and that is registered in another State or meets the national program standards of apprenticeship, including a description of the process for— the sponsor of such program to request that the State apprenticeship agency register such program in the State of the State apprenticeship agency; and the State apprenticeship agency to register such program not later than 90 days after receiving the request for such registration under subparagraph
(A)if, after consultation with the State Apprenticeship Council, the agency determines that such program will, as of the date on which the agency registers such program— provide not less than the wages, overtime pay, fringe benefits, and hours of on-the-job learning and related classroom-based instruction that are required for apprenticeship, pre-apprenticeship, or youth apprenticeship programs registered in the State; and in the case of such a program that is determined by the Secretary to be in a high-hazard occupation, meet the numeric ratio requirement of apprentices to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) that is at least as protective with regard to health, safety, and supervision as such numeric ratio requirement for apprenticeship, pre-apprenticeship, or youth apprenticeship programs registered in the State. Each State plan submitted in accordance with paragraph
(2)shall include a description of the system for the State apprenticeship agency to, subject to subparagraph (B), receive and resolve complaints submitted by a program participant, an authorized representative of a program participant, a sponsor, an employer, or a nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements of this Act. Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (13)(B) shall be subject to such system. Each State plan submitted in accordance with paragraph
(2)shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that work with industry and sector partnerships to expand apprenticeship, pre-apprenticeship, and youth apprenticeship programs, and occupations suitable for apprenticeship, in the State. Each State plan submitted in accordance with paragraph
(2)shall— describe how the State apprenticeship agency, in coordination with the Administrator, will establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described— in subclauses
(I)and
(II)of section 131(b)(1)(A)(i); and in subclauses
(II)through
(VI)of section 131(b)(1)(B)(i); describe how the State apprenticeship agency will collect performance data with respect to such performance goals from programs registered by the agency; and annually report to the Administrator on the outcomes of each such program for such performance goals. Each State plan submitted in accordance with paragraph
(2)shall include a description of the planned uses (in accordance with subsection (d)) of the allotment received by the State apprenticeship agency under subsection (f). Each State plan submitted in accordance with paragraph
(2)shall include a summary of State-supported workforce development activities (including education and training) in the State, including— a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ); the degree to which the apprenticeship, pre-apprenticeship, and youth apprenticeship programs in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and except in the case of a State plan submitted by a State Office of Apprenticeship, a description of how apprenticeship, pre-apprenticeship, or youth apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ). Each State plan submitted in accordance with paragraph
(2)shall include a summary of— the strategic vision and goals of the State with respect to preparing an educated and skilled workforce and to meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations, as identified by the State apprenticeship agency; and how the programs registered by the State apprenticeship agency in the State will help to meet such vision and goals. Each State plan submitted in accordance with paragraph
(2)shall provide a description of the strategy of the State apprenticeship agency for, as applicable, joint planning, alignment, coordination, and leveraging of funds— with the workforce development system of the State to achieve the strategic vision and goals described in paragraph (10)(A), including for the core programs (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )) and the elements related to system alignment under section 102(b)(2)(B) of such Act ( 29 U.S.C. 3112(b)(2)(B) ); for apprenticeship, pre-apprenticeship, and youth apprenticeship programs in the State with other Federal education programs, including programs under— the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ); the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ); and to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under— section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ); section 3672 of title 38, United States Code; section 231 of the Second Chance Act of 2007 ( 34 U.S.C. 60541 ); and programs of the State funded by the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). Each State plan submitted in accordance with paragraph
(2)by a State apprenticeship agency shall include a description of the composition, roles, and responsibility of the State apprenticeship council of the State of such State apprenticeship agency and how the Council will comply with the requirements of subsection (b)(3). Each State plan submitted in accordance with paragraph
(2)shall include a plan for how the State apprenticeship agency will— promote diversity in occupations suitable for apprenticeship offered throughout the State, including a description of how such agency will promote the addition of such occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship occupations; and promote diversity and equal opportunity in apprenticeship, pre-apprenticeship, and youth apprenticeship programs by uniformly adopting and implementing the requirements of section 111(b)(7)(B). A State apprenticeship agency shall use any funds received under clauses
(i)and
(ii)of subsection (f)(1)(A) according to the following requirements: Except as provided in paragraphs (2), (3), and (4), the State apprenticeship agency shall use such funds to support the administration of apprenticeship, pre-apprenticeship, and youth apprenticeship programs in the State, including for— staff and resources; oversight and evaluation required under this Act; technical assistance to sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries; pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for— engaging potential providers of such programs such as employers, qualified intermediaries, related instruction providers, and potential program participants; publicizing apprenticeship opportunities and benefits; and engaging State workforce and education systems for collaboration and alignment across systems; supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including for meeting the requirement of designating a certifying official; and supporting the retention and completion of program participants in such programs, such as by assisting with the costs— related to enrolling in such programs; or of assessments related to obtaining a recognized postsecondary credential. A State apprenticeship agency shall use not less than 10 percent of funds received under clauses
(i)and
(ii)of subsection (f)(1)(A) to engage with the State education system to provide technical assistance and best practices regarding— alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals; alignment of related instruction provided under the national apprenticeship system in the State with academic credit granting postsecondary programs (including developing career pathways, articulation agreements, and prior learning assessments); and the joint planning, alignment, coordination, and leveraging of funds described in subparagraphs
(B)and
(C)of subsection (c)(11). A State apprenticeship agency shall use not less than 10 percent of funds received under clauses
(i)and
(ii)of subsection (f)(1)(A) to engage with the State workforce development system to provide technical assistance and best practices regarding— alignment, in accordance with paragraphs (9), (10), and subparagraphs
(A)and
(C)of subsection (c)(11), with the workforce activities of the State and the strategic vision and goals of the State with respect to preparing an educated and skilled workforce and to meeting the skilled workforce needs of employers; guidance for training staff of the workforce development system, including vocational rehabilitation agencies, within the State on the value of apprenticeship, pre-apprenticeship, and youth apprenticeship programs as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) such as Job Corps under subtitle C of title I of such Act ( 29 U.S.C. 3191 et seq. ) and YouthBuild under section 171 of such Act ( 29 U.S.C. 3226 ); providing a list of apprenticeship, pre-apprenticeship, and youth apprenticeship programs that are offered in the State, including in the high-skill, high-wage, or in-demand industry sectors or occupations in the State; alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), and technical assistance for how individual training accounts under section 134(c)(3) of such Act ( 29 U.S.C. 3174 ) could be used to pay for the costs of enrolling and participating in apprenticeship, pre-apprenticeship, and youth apprenticeship programs; partnerships with State or local workforce development boards, State workforce agencies, and one-stop centers and one-stop operators that assist program participants in accessing supportive services to support— the recruitment, retention, and completion of apprenticeship, pre-apprenticeship, and youth apprenticeship programs, including the recruitment of nontraditional populations and dislocated workers; transitions from youth apprenticeships and pre-apprenticeships to apprenticeship programs; and the placement into employment or further education upon program completion; and except in the case of funds received by a State Office of Apprenticeship, expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ) to include apprenticeship, pre-apprenticeship, and youth apprenticeship programs in the State. A State apprenticeship agency may reserve not more than 15 percent of the funds received under clauses
(i)and
(ii)of subsection (f)(1)(A) in support of State apprenticeship initiatives described in subparagraphs (B), (C), and (D). Not less than 5 percent of the amount reserved under subparagraph
(A)shall be used by the State apprenticeship agency for supporting and expanding diversity in occupations suitable for apprenticeship under the national apprenticeship system in the State and program participant populations in the State. Except as provided in subparagraph (B), a State apprenticeship agency may use funds reserved under subparagraph
(A)to incentivize employers to participate in apprenticeship, pre-apprenticeship, and youth apprenticeship programs, such as by providing funding for costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation. Except as provided in subparagraph (B), a State apprenticeship agency may use funds reserved under subparagraph
(A)for State-specific apprenticeship initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations. Except in the case of exceptional circumstances, as determined by the Administrator, or as described in subparagraph (B), to receive a full allotment under subsection
(f)a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment. The requirement under subparagraph
(A)shall take effect with respect to a State apprenticeship agency described in clause
(i)of subsection (a)(3)(C) on the date that is 1 day after the date on which the 4-year period described in clause
(ii)of such subsection ends with respect to such a State apprenticeship. The Secretary may withdraw recognition of a State apprenticeship agency before the end of the 4-year recognition period of the State apprenticeship agency under subsection (a)(3)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph
(2)and has not been in compliance with the performance improvement plan under paragraph (3)(A) to remedy such failure. The recognition of a State apprenticeship agency under subsection
(a)may be withdrawn under paragraph
(1)in a case in which the State apprenticeship agency fails to— adopt or properly enforce a State plan; properly carry out the role of the agency as the sole registration agency in the State; submit a report under section 131(b)(1)(B) for any program year; meet the State levels of performance as described in subsection (c)(7)(A) or demonstrate improvements in performance for 3 consecutive program years; or otherwise fulfill or operate in compliance with the requirements of this Act. If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan. Except in the case of exceptional circumstances, as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)— the percentage of the funds to be allotted to the State apprenticeship agency under subsection (f)(1)(A) for each fiscal year following the fiscal year in which such failure has been identified shall be reduced by 5 percentage points from the amount allotted in such fiscal year; and the Administrator shall provide notice to the State apprenticeship agency that the recognition of the agency under subsection
(a)may be withdrawn if the agency fails to remedy the failure. If the Administrator determines that the State apprenticeship agency’s corrective action under subparagraph
(A)has addressed the agency’s failure identified under paragraph (2), the Administrator shall— restore the full funding allocation of the agency under subsection (f)(1)(A) for the next full fiscal year; and notify the State apprenticeship agency that the recognition of the agency will not be withdrawn under this subsection for the reason for which the funding was most recently reduced under subparagraph (B). In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph
(2)after receiving the notice provided under subparagraph (B)(ii), the Administrator shall— provide a written notification to the State apprenticeship agency describing such failure and notifying the State apprenticeship agency that the Administrator has determined the State apprenticeship agency has failed to remedy the failure; and offer the State apprenticeship agency an opportunity to, not later than 30 days after the date of such notice, appeal of such determination to an administrative law judge. If a State apprenticeship agency does not appeal the determination under paragraph (3)(D)(ii) or is unsuccessful in such an appeal, the Administrator shall— provide to the State apprenticeship agency an order withdrawing recognition of such agency under this subsection; and establish a State Office of Apprenticeship under section 111(b)(3)(A)(i). Not later than 30 days after the date that an order under clause (i)(I) is provided to a State apprenticeship agency, the Administrator shall provide notification of the withdrawal to the sponsors in the State of the State apprenticeship agency that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)). A State agency that has had recognition withdrawn under subparagraph
(A)shall— provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the apprenticeship, pre-apprenticeship, and youth apprenticeship programs in the State; cooperate fully during the transition period beginning on the date of the order withdrawing such recognition under subparagraph (A)(i)(I) and ending on the date on which the Administrator establishes a State Office of Apprenticeship in the State under section 111(b)(3)(A)(i); and return any unused funds received under this Act. A State agency that has had recognition withdrawn as a State apprenticeship agency under this subsection may have such recognition reinstated upon presentation of adequate evidence that the State apprenticeship agency has— submitted an application under subsection (a)(2); and demonstrated the ability to operate in compliance with the requirements of this Act. Of the amount appropriated under subsection
(g)for a fiscal year— 33 1/3 percent shall be equally allotted among each State Office of Apprenticeship, outlying area, and eligible State; and 66 2/3 percent shall be allotted to eligible States on the basis described in subparagraph (B). Of the amount described under subparagraph (A)(ii)— 25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis; 25 percent shall be allotted on the basis of the relative share of program participants who have completed an apprenticeship, pre-apprenticeship, or youth apprenticeship program in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and 50 percent shall be allotted on the basis described in clause (ii). Of the amount described under clause (i)(III)— 33 1/3 percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States; 33 1/3 percent shall be allotted on the basis of the relative share of individuals living below the poverty line in each eligible State, compared to the total number of individuals living below the poverty line in all eligible States; and 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each eligible State, compared to the total number of unemployed individuals in all eligible States. In this subsection— The term eligible State means a State that has a State apprenticeship agency. The term poverty line has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term unemployed individual has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). There are authorized to be appropriated to carry out this section— $75,000,000 for fiscal year 2025; $85,000,000 for fiscal year 2026; $95,000,000 for fiscal year 2027; $105,000,000 for fiscal year 2028; and $115,000,000 for fiscal year 2029. Not later than 1 year after the effective date of the National Apprenticeship Act of 2023 , the Secretary (acting through the Administrator) shall— enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of apprenticeship, pre-apprenticeship, and youth apprenticeship programs with secondary, postsecondary, and adult education, through the activities described in this section; and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives such agreement and any modifications to such agreement. In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a)(1) shall describe how the Secretaries will work to provide— information and resources to— parents and students to promote, in user-friendly formats and languages that are easily accessible, a better understanding, by not later than middle school, of apprenticeship, pre-apprenticeship, and youth apprenticeship programs and their value in secondary and postsecondary education and career pathways; and school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and technical assistance on how to— align related instruction and skills and competencies for occupations suitable for apprenticeship to high school graduation requirements; offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114(b)(3)(A)(i)(IV) ); facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree or related apprenticeship opportunities; and align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). In order to support the establishment of a college consortium of postsecondary educational institutions, including minority-serving institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between apprenticeship, pre-apprenticeship, and youth apprenticeship programs and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a)(1) shall include a description of how the Secretaries will— support data sharing systems that align education records and records of apprenticeship, pre-apprenticeship, and youth apprenticeship programs regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) enroll in, or complete, postsecondary coursework while participating in a program under such system; provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) with this Act; require all participants of the apprenticeship college consortium to enter into agreements to— have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of an apprenticeship, pre-apprenticeship, or youth apprenticeship program; and support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ), for related instruction for programs under the national apprenticeship system; provide to consortium participants or potential participants information regarding— a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium; information on how to develop an apprenticeship program; information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and support information regarding the apprenticeship consortium being made available on a publicly accessible website, including— a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available occupations suitable for apprenticeship; and models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. The interagency agreement under subsection (a)(1) shall require that the Secretaries disseminate information on the value of apprenticeship, pre-apprenticeship, and youth apprenticeship programs, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint labor-management organizations (including those representing teachers). Such interagency agreement shall require the Secretaries to create a clearinghouse of best practices— for improving performance and increasing alignment of education and apprenticeship, pre-apprenticeship, and youth apprenticeship programs; and publicly disseminate information and resources on— replicable related instruction and on-the-job learning; and how to build an understanding of apprenticeship opportunities available to students. The Secretaries shall disseminate best practices for the alignment of education records and records of apprenticeship, pre-apprenticeship, and youth apprenticeship programs, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program. In this section, the term Secretaries means the Secretary of Labor and the Secretary of Education. For an occupation to be approved as an occupation suitable for apprenticeship by the Administrator under section 111(b)(5), a person seeking such approval shall submit to the Administrator an application that demonstrates demand from multiple employers in the occupation for an apprenticeship, pre-apprenticeship, or youth apprenticeship program in such occupation that will prepare individuals for the full range of skills and competencies needed for such occupation. To demonstrate the demand referred to in paragraph (1), an application submitted under paragraph
(1)with respect to a apprenticeship, pre-apprenticeship, or youth apprenticeship program in the occupation shall describe how the program will— meet the national occupational standards under section 111(b)(5)(B); or involve the progressive attainment of skills, competencies, and knowledge that are— clearly identified and commonly recognized throughout the relevant industry or occupation; customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job supervised learning and related instruction to supplement such learning; and offered through a time-based, competency-based, or hybrid model as described in section 122(b)(1)(E). In assessing under section 111(b)(5) whether a program in an occupation for which an application is submitted under subsection
(a)will meet the requirements of subparagraph
(A)or
(B)of subsection (a)(2), the Administrator shall— conduct a comprehensive assessment of the skills, techniques, and competencies required by the occupation, which assesses whether such skills, techniques, and competencies— are specialized and acquired optimally through a structured, systematic training program involving close on-the-job supervision and mentoring by subject-matter experts; require— at least 2,000 hours of on-the-job learning and mentoring; or an alternative amount of time that is appropriate for the occupation; and are acquired optimally through a supplementary educational or instructional component conveying theoretical and conceptual knowledge relevant to the occupation; determine whether the occupation is an occupation that is commonly recognized throughout an industry or sector; and determine the extent to which the skills, competencies, and knowledge required by the occupation overlap with the skills, competencies, and knowledge of an occupation suitable for an apprenticeship. In a case in which the Administrator determines under paragraph (1)(C) that the skills, competencies, and knowledge of the occupation being assessed under paragraph
(1)significantly overlap with the skills, competencies, and knowledge of an occupation suitable for an apprenticeship, the Administrator may determine that the occupation being so assessed— is not an occupation suitable for apprenticeship on the basis of such significant overlap; or in the case of such an occupation that performs work classified in sector 23 of the most recent publication of the North American Industry Classification System, is an occupation suitable for apprenticeship only if the industry sector leaders and experts described in section 111(b)(5)(B)(ii)(II) with respect to such occupation determine, by a consensus, that such occupation is an occupation suitable for apprenticeship. The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards described under subsections
(b)through
(e)that are necessary to safeguard the welfare of, as applicable, apprentices, pre-apprentices, and youth apprentices. In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards: The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: The employment and training to be received by each apprentice participating in the program, including— an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning; the allocation of the approximate amount of time that will be spent in each major work process by the apprentice; a description of the mentoring that will be provided to the apprentice; and a description or timeline explaining the periodic reviews and evaluations of the apprentice’s performance on the job and in related instruction. A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which— for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency; may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; shall be provided by one or more qualified instructors that— meet technical instructor requirements of the applicable education agency in the State of registration; or are subject matter experts recognized within the industry as having expertise in the occupation; and have training in teaching techniques and learning styles or will obtain such training before providing the related technical instruction; where appropriate and to the extent practicable, shall be aligned to a career pathway; and where appropriate and to the extent practicable, shall incorporate the principles of universal design for learning. A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is— consistent with measurable skill gains; and ensures the entry wage is not less than the greater of— the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ); or the applicable wage required by other applicable Federal or State laws (including regulations) or by a collective bargaining agreement. The term of the apprenticeship program, which may be measured using— a time-based model, which requires the completion of the industry standard for on-the-job learning hours, which in no case shall be less than a cumulative 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor from a nontraditional apprenticeship occupation as of the date of the enactment of the National Apprenticeship Act of 2023 that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency; a competency-based model, which requires the attainment of competency in the occupation; or a hybrid model, which blends the time-based and competency-based approaches. The methods used to measure the skills and competencies of an apprentice, which may include an initial diagnostic assessment or assessment of credentials that verify an individual’s foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include— in the case of a time-based apprenticeship described in subparagraph (E)(i), the apprentice’s completion of the required hours of on-the-job learning as described in a work process schedule; in the case of a competency-based model described in subparagraph (E)(ii), the apprentice’s successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on-the-job learning component of the apprenticeship; or in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in subparagraph (E)(i) and a work process schedule. The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills and provides commensurate wages for any progression in standing or credit so granted, including for veterans’ service-acquired skills and experiences. The program has minimum qualifications for individuals desiring to enter the apprenticeship program, including an eligible starting age for an apprentice of not less than 16 years. In the case of a program that chooses to issue an interim credential, the program— clearly identifies each interim credential; only issues an interim credential for recognized components of an occupation suitable for apprenticeship and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and establishes the process for assessing an individual apprentice’s demonstration of competency and measurable skill gains associated with the particular interim credential. In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards: The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b)(3) and prepare them to enter and succeed in such an apprenticeship program, including by providing the skills and competency attainment needed to enter the apprenticeship program. The program— is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program; demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program; demonstrates evidence of sufficient demand in an apprenticeship program at the completion of a pre-apprenticeship program to support a transition from a pre-apprenticeship to an apprenticeship; and demonstrates partnerships with qualified intermediaries, community-based organizations, labor organizations, or joint labor-management organizations. The program includes a written plan developed by the sponsor of the pre-apprenticeship program that is developed in consultation with the sponsor of the apprenticeship program described in paragraph (2)(A), that— provides for paid work-based learning, to the extent practicable, or simulated work experience, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more occupations suitable for apprenticeship; is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations and with the requirements of the related apprenticeship program; to the extent appropriate and practicable, meets the related instruction requirements as described in clauses
(ii)through
(iv)of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and includes mentoring, career exposure, career planning, and career awareness activities. In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards: The program is designed for youth apprentices who, at the start of the program, are enrolled in high school. The program includes each of the following core elements: The employment and training to be received by each youth apprentice participating in the program, including— an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the-job training or in an experiential setting; the allocation of the approximate amount of time that will be spent in each major work process by the youth apprentice; a description of the mentoring that will be provided to the youth apprentice; and a description or timeline explaining the periodic reviews and evaluations of the youth apprentice’s performance on the job and in related instruction. A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and— is, to the extent practicable, aligned with high school diploma requirements and career clusters; and meets the additional requirements as described in subsection (b)(1)(C). A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice. The term of the youth apprenticeship program, as described in subsection (b)(1)(E). For a competency-based or hybrid youth apprenticeship program, the methods used to measure skill acquisition for a youth apprentice, including ongoing assessment against established skill and competency standards as described in subsection (b)(1)(F). Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. The program equally grants advanced standing or credit to all individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills. In the case of a youth apprenticeship program that chooses to issue an interim credential, the program meets the requirements of subsection (b)(4). Each apprenticeship, pre-apprenticeship, or youth apprenticeship program shall meet the following standards: The program is for an occupation suitable for apprenticeship. The program— has adequate and safe equipment, environments, and facilities for training and supervision; provides safety training on-the-job and, as applicable for the occupation suitable for apprenticeship, in related instruction; and provides adequate training for mentors and qualified instructors on providing a safe work and training environment. The program records and maintains all records concerning the program, as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. The program provides— all individuals with an equal opportunity to participate in the program as described in section 111(b)(7)(B); and materials that meet, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines). The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential. The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program. The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the occupation suitable for apprenticeship— is, except in the case of a program in a rural area that demonstrates need or a shortage of available individuals to serve as supervisors, based on evidence-based and evidence-informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations; except if such ratios are expressly prohibited by a collective bargaining agreement, is consistent with provisions in any applicable collective bargaining agreements; and does not contravene the application of other Federal or State laws that may establish more protective standards with respect to the establishment of ratios of apprentices to journeyworkers, including any rules or orders promulgated under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) with respect to the employment, training, and supervision of 16- and 17-year-old youth apprentices in certain hazardous occupations. To ensure the standards described in section 122 are applied to apprenticeship, pre-apprenticeship, and youth apprenticeship programs, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall— be the same for each program participant; contain the names and signatures of the program participant and the sponsor; meet the requirements of subsection (b); and as required under section 124(b)(3)(B), be submitted by the sponsor to the registration agency and the Administrator. Each agreement under subsection
(a)shall contain, explicitly or by reference, each applicable program standard under section 122, including— in the case of an apprenticeship program— that is time-based, a statement of the number of hours to be spent by the program participant in on-the-job learning and on-the-job training in order to complete the program; that is competency-based, a description of the skill sets to be attained by completion of the program, including the on-the-job learning and work components; or that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the-job learning and work components and in related instruction and a description of the skill sets and competencies to be attained by completion of the program; the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur for participating in the program (such as for equipment, related instruction, or assessment or licensure fees), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and demonstration of commitment to and compliance with section 111(b)(7)(B). Nothing in an apprenticeship agreement or this Act shall operate to invalidate an applicable provision in a collective bargaining agreement between employers and employees establishing higher standards for apprenticeship, pre-apprenticeship, or youth apprenticeship programs. Except as provided in subsection (b)(4), each registration agency shall, in accordance with subsection
(b)and any regulations promulgated by the Administrator, register any program as an apprenticeship, pre-apprenticeship, or youth apprenticeship program for which a sponsor applying to register such a program submits the information required by the registration agency, including— information demonstrating that each of the applicable requirements of section 122 will be met for the program; a copy of the apprenticeship agreement described in section 123 used by the sponsor; a written assurance that, if the program is registered under this subsection, the sponsor will— administer the program in accordance with the requirements of this Act and comply with the requirements of the apprenticeship agreement; and enroll at least 1 program participant; and a description of the methods the sponsor will use to report performance data to the registration agency describing, as required by the registration agency, outcomes associated with the program— for a sponsor with fewer than 5 program participants, on an annual basis; or for a sponsor with 5 or more program participants, on a quarterly basis. A registration agency that determines an application to register a program as an apprenticeship, pre-apprenticeship, or youth apprenticeship program submitted under subsection
(a)meets the requirements described in such subsection shall register such program for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program’s compliance and registration to operate such program. Not later than the last day of the provisional registration period for a program described in subparagraph (A), the registration agency providing provisional approval under such subparagraph shall review the program to ensure the program meets each applicable quality standard under section 122 and complies with all other applicable program requirements under this Act and— if the registration agency determines that the program meets and complies with the standards and requirements, the registration agency shall register the program; or if the registration agency determines that the program fails to meet or comply with the requirements or standards, the registration agency may— in accordance with subparagraph (C), extend the provisional registration of the program under subparagraph
(A)through the first full training cycle for program participants and conduct an additional provisional review at the conclusion of the training cycle; or deregister such program in accordance with the procedures described under paragraph
(3)of section 131(d) as if the registration agency made the determination described under paragraph (1)(B) of such section with respect to the program. In the case of a program that has a provisional registration under subparagraph
(A)extended under subparagraph (B)(ii)(I), the registration agency shall— provide technical assistance described in 131(c) and take corrective action for the program described in 131(d)(1)(A); and not later than the end of the first full training cycle for program participants in such program, review the program to ensure the program meets each applicable quality standard under section 122 and complies with all other applicable program requirements under this Act and— if the registration agency determines that the program meets and complies with the standards and requirements, the registration agency shall register the program; or if the registration agency determines that the program fails to meet or comply with the requirements or standards, deregister such program in accordance with the procedures described under paragraph
(3)of section 131(d) as if the registration agency made the determination described under paragraph (1)(B) of such section with respect to the program. A registration agency that registers a program as an apprenticeship, pre-apprenticeship, or youth apprenticeship program under paragraph
(1)shall— provide the sponsor of the program with a certificate of registration or other written evidence of registration; and as applicable, provide a copy of the certificate of registration, or other written evidence of registration, to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans’ use of supplemental educational assistance benefits. A certificate of registration or other written evidence of registration under subparagraph (A)(i) shall be in the name of the sponsor. A sponsor of an apprenticeship, pre-apprenticeship, or youth apprenticeship program registered in accordance with paragraph
(1)shall provide to any individual seeking to be a program participant the opportunity to apply through the sponsor and shall— enter into a written apprenticeship agreement described in section 123 with any such individual accepted by the sponsor for a program before the commencement of the program; and register each program participant with the applicable registration agency by, except as otherwise required by the registration agency, filing a copy of the apprenticeship agreement with the registration agency and, as required under section 123(a)(4), sharing such a copy with the Administrator. With respect to an apprenticeship, pre-apprenticeship, or youth apprenticeship program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2023 , the applicable registration agency for such program shall take such steps as necessary to— in the case of a program that meets the requirements of this Act, maintain the status of the sponsor of the program as of the date before such date of enactment as the sponsor of such program under this Act; and in the case of a program that does not meet the requirements of this Act, provide technical assistance to the sponsor of such program to ensure that the sponsor is in compliance with this Act not later than 3 years after the date of enactment of the National Apprenticeship Act of 2023 . Any sponsor that wishes to modify an apprenticeship, pre-apprenticeship, or youth apprenticeship program, including a modification to the method of the program for meeting the standards required under this Act, shall submit a proposal for the modification to the registration agency for the program for consideration in accordance with paragraph (2). With respect to a proposal for modification submitted to a registration agency under paragraph (1), the registration agency shall, not later than 60 days after receipt of the proposal— approve the proposal under subparagraph
(B)or disapprove the proposal under subparagraph (C); and notify the sponsor of the determination. If the proposal is approved, the registration agency shall, not later than 30 days after the date of approval, amend the record of the program to reflect the modification and provide the sponsor with an acknowledgment of the amended program. If the proposal is not approved, the registration agency shall— notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; and provide the sponsor with the opportunity to submit a revised proposal under paragraph (1), including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act. Each registration agency shall— maintain a list of programs that were deregistered under subparagraph (B)(ii)(II) or subparagraph (C)(ii)(II) of subsection (b)(1) and of proposals disapproved under subsection (c)(2)(C), including the reasons for each such deregistration or disapproval; and not less than annually, provide such list to the Administrator. The purpose of this section is to provide program performance transparency across the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). Each registration agency shall— annually collect performance data for each apprenticeship, pre-apprenticeship, and youth apprenticeship program registered under section 124 by such agency to determine— the performance of the program with respect to any applicable indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) ) or, in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii) of such Act ( 29 U.S.C. 3141(b)(2)(A)(ii) ); and the completion rates of the program; as necessary, provide technical assistance to apprenticeship, pre-apprenticeship, and youth apprenticeship programs for the collection of the information under clause
(i)and subparagraph (B)(i); comply with the report requirements under subparagraph (B); and provide data collected under clause
(i)and subparagraph (B), disaggregated in accordance with clause
(ii)of subparagraph (B), to the independent entity conducting the evaluations on behalf of the Secretary under section 132. The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that contains the information described in clause
(iii)and, with respect to each program registered by such registration agency under section 124, includes the following: Information specifying the levels of performance described in subparagraph
(A)for the program, as compared to goals set in section 113(c)(7)(A)(i). The disaggregated (in accordance with clause (ii)) percentages of program participants from the program as compared to the disaggregated (in accordance with such clause) percentages within the working age population in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into the program. The percentage of program participants from the program that obtained unsubsidized employment in a field related to the occupation suitable for apprenticeship of the program participant. The average time to completion for the program as compared to the description in the agreement under paragraphs
(1)and
(2)of section 123(b). The average cost per participant of the program during the most recent program year and, as applicable, the 3 preceding program years. The percentage of program participants from the program who received supportive services. The performance data described in subclauses
(I)through
(VI)of clause
(i)shall be disaggregated— by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and by race, ethnicity, sex, age, veteran status, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ). The information described in this clause is information on the activities of the registration agency required under section 113(c), including the uses of funds with respect to such activities. Not later than 60 days after receiving a report under subparagraph (B), the Secretary shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. Not later than 30 days after receipt of each report received under subparagraph (B), the Administrator shall make available on a publicly accessible website such report. Each registration agency shall, in accordance with subparagraphs
(B)and (C), review each apprenticeship, pre-apprenticeship, and youth apprenticeship program registered under section 124 by such registration agency to ensure the program meets each applicable quality standard under section 122 and complies with all other applicable program requirements under this Act. A review described in subparagraph
(A)with respect to a program shall— for the initial review, occur at the end of the first full training cycle of program participants under the program; and for every review thereafter, occur at least once every 5 years. A review described in subparagraph
(A)with respect to a program shall be a comprehensive review regarding all aspects of the program performance, including— determining whether the registration agency is receiving notification from the sponsor of the program regarding individuals who are registered as new youth apprentices, pre-apprentices, or apprentices under the program, or who successfully complete the program; determining whether the sponsor of the program is complying with all other requirements of this Act applicable to the sponsor; evaluating the performance of the sponsor with respect to, at a minimum, the indicators described in paragraph (1)(A)(i), with the performance data disaggregated as described in paragraph (1)(B)(viii); and ensuring the compliance of the sponsor with the requirement to provide equal opportunity in recruitment, training, and employment as described in section 111(b)(7)(B). On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. After completion of a review under subsection (b)(2) with respect to a program, the registration agency shall identify areas of the program that require technical assistance and provide such technical assistance to the sponsor of the program, including— to support the sponsor in establishing a plan to meet the applicable State goals established under section 113(c)(7)(A)(ii); and assistance in the development of a performance improvement plan if the registration agency determines, pursuant to any review under subsection (b)(2), that the program— is not in operation; is not in compliance with the requirements of this Act or fails to meet an applicable quality standard under section 122; or is achieving levels of performance on any indicator described in subclause
(I)or
(II)of subsection (b)(1)(A)(i) that is lower than the State goals established under section 113(c)(7)(A)(i) for any program year. After completion of a review under subsection (b)(2) with respect to a youth apprenticeship, pre-apprenticeship, or apprenticeship program, the registration agency may— assist the program in meeting any applicable quality standard under section 122 or in coming into compliance with all other applicable program requirements under this Act; and if the program does not, within a time period set by the Administrator, meet such quality standard or come into compliance with such requirements, determine, in accordance with paragraph (2), if the program should be deregistered in accordance with paragraph (3). For purposes of paragraph (1)(B), the registration agency shall determine a program should be deregistered in accordance with paragraph
(3)if the registration agency determines that the program demonstrates, as described in subparagraph (B), persistent and significant failure to perform successfully. For purposes of subparagraph (A), a program demonstrates a persistent and significant failure to perform successfully if— the sponsor of the program consistently fails to register at least 1 program participant; the program shows a pattern of poor results on the indicators described in subclause
(I)or
(II)of subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served; the program shows no indication of improvement in the areas identified by the registration agency under subsection (c), including in the performance improvement plan under paragraph
(1)of such subsection; or the sponsor has not administered the program in accordance with the program’s registration application under section 124 or with the requirements of this Act. If a registration agency makes a determination under paragraph (1)(B) with respect to a program, the registration agency shall notify the Secretary and the sponsor of the determination in writing and permit the sponsor to appeal such determination to an Administrative Law Judge for the Department of Labor. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program. Not later than 15 days after the registration agency deregisters a program under subparagraph (A), the sponsor shall notify each program participant of the program— of such deregistration and the effective date of the deregistration; that such deregistration automatically deprives the program participant of individual registration as part of such program, including the ability to receive a certificate of completion from the registration agency; that the deregistration of the program removes the program participant from eligibility for any Federal financial assistance or other assistance, or rights, privileges, or exemptions under Federal law, that— relates to an apprentice; and requires the registration agency’s approval; and that all youth apprentices, pre-apprentices, or apprentices are referred to the registration agency for information about potential transfers to other apprenticeship, pre-apprenticeship, or youth apprenticeship programs. The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the youth apprenticeship, pre-apprenticeship, and apprenticeship programs and activities carried out under this Act and to assist in the evaluation of the programs under section 131. The research conducted under subsection
(a)shall use appropriate methodology and research designs. Such research shall address— the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities— improve the skill and employment competencies of participants in comparison to comparably situated individuals who did not participate in such programs and activities; to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities; respond to the needs reflected in labor market data in the local area of the program or activity and align with high-skill, high-wage, or in-demand industries or occupations; demonstrate a return on investment of Federal, State, local, sponsor, employer, and other funding for apprenticeship, pre-apprenticeship, and youth apprenticeship programs, capturing the full level of investment in, and impact of, such programs; and regularly assess the impact of such programs in effectively increasing the participation of nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, long-term unemployed, individuals impacted by the criminal and juvenile justice system, foster and former foster youth, and individuals with barriers to employment; the impact of the National Apprenticeship Act of 2023 on the general effectiveness of apprenticeship, pre-apprenticeship, and youth apprenticeship programs, including on the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or national occupational standards; best practices for increasing participation of nontraditional apprenticeship populations and individuals with barriers to employment, including individuals with disabilities, in apprenticeship, pre-apprenticeship, and youth apprenticeship programs; and opportunities to scale up effective models under the national apprenticeship system. The Secretary shall require the independent entity carrying out the research under subsection
(a)to prepare and submit to the Secretary— an interim report containing findings from the research; and a final report containing the results of the research, including policy recommendations. Not later than 60 days after receipt of the interim report and final report described in subparagraphs
(A)and
(B)of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. Not later than 60 days after the receipt of the interim report and the receipt of the final report, the Secretary shall make each such report available on a publicly accessible website. There are authorized to be appropriated to carry out sections 111, 112, 131, and 132— $50,000,000 for fiscal year 2025; $60,000,000 for fiscal year 2026; $70,000,000 for fiscal year 2027; $80,000,000 for fiscal year 2028; and $90,000,000 for fiscal year 2029. There are authorized to be appropriated to carry out section 114— $10,000,000 for fiscal year 2025; $12,000,000 for fiscal year 2026; $14,000,000 for fiscal year 2027; $16,000,000 for fiscal year 2028; and $18,000,000 for fiscal year 2029. The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for apprenticeship modernization projects for 1 or more of the following purposes: To expand the offerings of programs under the national apprenticeship system— to create new apprenticeship programs in a nontraditional apprenticeship occupation, such as apprenticeship programs for which the eligible entity demonstrates demand in advanced manufacturing (including semiconductor and automotive manufacturing), cybersecurity and information technology, computer science, clean energy, renewable energy, environmental protection, and conservation, transportation, health care, or education (including early childhood education); to expand existing apprenticeship programs in fields for which the eligible entity demonstrates labor market demand; to create new or expand existing pre-apprenticeship programs; to create new or expand existing youth apprenticeship programs; or through a Rural Apprenticeship Demonstration Program (referred to in this section and section 202 as the Rural Program ) established by the Administrator, to create or expand apprenticeship programs that target or serve individuals and workforce needs in a rural area (referred to individually in this section and section 202 as a rural apprenticeship program ), that— lacks road connections, in which communities are accessible only by water or air; is located 50 road miles from a metropolitan statistical area; or has zero program participants in an apprenticeship program. To encourage employer participation in covered apprenticeship programs— that target individuals with barriers to employment, in apprenticeship, pre-apprenticeship, or youth apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, Indigenous people, English learners, long-term unemployed individuals, individuals with disabilities, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, formerly incarcerated individuals (including individuals currently or recently incarcerated), and foster and former foster youth; that are in high-need social service-related industries, sectors, or occupations, such as industries, sectors, or occupations related to direct care workers and early childhood, elementary school, and secondary school educators; or among small- and medium-sized businesses. To establish or expand to significant scale sector-based partnerships for the development or expansion of covered apprenticeship programs through— national industry qualified intermediaries in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator (with the advice of the Advisory Committee) as targeted for expansion under the national apprenticeship system; national equity qualified intermediaries serving nontraditional apprenticeship populations such as women, minorities, Indigenous people, individuals with disabilities, and formerly incarcerated individuals; or local or regional qualified intermediaries serving covered apprenticeship programs. To strengthen alignment between entities carrying out covered apprenticeship programs and education and training providers serving secondary, postsecondary, or adult education systems, including aligning degree and credential requirements. Except as described in subparagraphs
(B)and (C), the Administrator shall make an award under this section for a period of not more than 3 years. The eligible entity may apply for, and the Administrator may grant, an extension of the period of the award for not more than 1 additional 2-year period, if the recipient demonstrates to the Administrator that the recipient— has effectively implemented an apprenticeship modernization project to achieve its stated purpose as described in subsections
(e)and (f); has complied with the assurances described in subsection (e)(9); and has improved applicable outcomes, as demonstrated through indicators referred to in subparagraphs
(C)through
(I)of section 203(a)(2). The Administrator shall make an award under this section for a purpose described in paragraph (1)(A)(v) for a period of not more than 5 years. The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded to such eligible entity under this section with an amount of not less than 25 percent of the funds awarded to such eligible entity under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal organizations, in cash or in kind, fairly evaluated. The Administrator may waive the requirement under paragraph
(1)if the entity demonstrates that— exceptional circumstances or other factors prevent the entity from meeting the requirement, such as— demonstrating that the entity serves a high proportion of individuals with barriers to employment; or demonstrating that the entity serves a frontier State or another low-density area as defined by the Secretary; or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity. In making awards under this section, the Administrator shall give priority to an eligible entity— proposing to serve in covered apprenticeship programs assisted through the apprenticeship modernization program a high number or high percentage of program participants who are from nontraditional apprenticeship populations; and providing opportunities in high-wage, high-skill, or in-demand sectors and occupations. In making awards under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of such awards, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas. To be eligible to apply for an award under this title, an entity shall— demonstrate a partnership with entities or officials from two or more categories consisting of— a State or local workforce development board or State or local workforce agency; an education and training provider, or a consortium thereof; a State apprenticeship agency; an Indian Tribe or Tribal organization; an industry or sector partnership, a group of employers, or a trade association; or a professional association that sponsors or participates in a covered apprenticeship program; a Governor; a labor organization or joint labor-management organization; a community-based organization that assists program participants in accessing supportive services; or a qualified intermediary; and to the extent practicable— be part of an industry or sector partnership; and partner with a labor organization or joint labor-management organization. To be eligible to receive an award under this section for an apprenticeship modernization project, an entity shall submit to the Administrator an application that includes a description of each of the following: Each purpose, as listed in a clause, or in subparagraph (D), of subsection (a)(1), for which the applicant intends to use such award. Each entity with which the eligible entity is partnered or engaged under subsection
(d)and the role of each such entity in carrying out the apprenticeship modernization project. The ability of the applicant, directly or through partners— to enroll, instruct, advance, and graduate program participants in the covered apprenticeship program assisted through the award, and enable the program participants to gain employment after program completion; to support (including by providing technical assistance) program sponsors and employers (especially small- and medium-sized businesses) in the creation of, recruitment for, and execution of covered apprenticeship programs; and to provide opportunities to rural communities, as applicable. A labor market analysis with respect to the geographic area of service that demonstrates— in the case of an apprenticeship modernization project described in subsection (a)(1)(A), the need to create or expand the covered apprenticeship program assisted through the award; and a plan to align the covered apprenticeship program assisted through the award with the labor market needs of high-skill, high-wage, or in-demand industry sectors or occupations. A plan— to comply with requirements for evaluations and reports under section 203; as appropriate, to coordinate activities assisted under the award with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), and any related Federal programs and if appropriate, how funds provided under those Acts or related programs will be leveraged in support of the covered apprenticeship program assisted by the award; to use funds awarded under this section in support of that program, as described in section 202; to continue the program after the period of the award ends; to recruit and retain program participants for covered apprenticeship programs, including program participants from nontraditional apprenticeship populations, such as women, minorities, Indigenous people, individuals with disabilities, formerly incarcerated individuals, and individuals with barriers to employment; to ensure the program participants are able to access supportive services, as applicable; and to comply with the equal opportunity requirements for diversity described in section 111(b)(7)(B) and requirements for complaint resolution under section 113(c)(5), as applicable. For any award to expand an existing covered apprenticeship program, a description of— a plan to coordinate the apprenticeship modernization project carried out under the award with the existing program; and the effectiveness of the covered apprenticeship program to be expanded under the award, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in program participant populations served, any increases in program participant wages and benefits, and services provided to employers and program participants. A description of potential program participants in the covered apprenticeship program assisted under the award and strategies to support recruitment, retention, and completion for such program participants, including, to the extent practicable, nontraditional apprenticeship populations and individuals with barriers to employment. A description of strategies to recruit and support employers involved in the covered apprenticeship program. Assurances that the eligible entity will— provide information to the Administrator, as requested, for such evaluations as the Administrator may carry out; make program performance data collected under section 131 for the covered apprenticeship program assisted under the award available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) and section 5 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in paragraphs
(1)and
(2)of section 203(a); and coordinate the apprenticeship modernization project carried out under the award with a State apprenticeship agency, if such agency exists in the State where the eligible entity is applying for an award or carrying out the project, or the State office of apprenticeship. The Administrator shall require an eligible entity applying for an award under this title to include as part of the entity's application referred to in subsection
(e)the following information, as applicable: An eligible entity applying to create a new apprenticeship program and carry out the purpose described in subsection (a)(1)(A)(i) shall include as part of the application a description of employers, and to the extent practicable, labor organizations or joint labor-management organizations, engaged in the program creation. An eligible entity applying to expand an existing apprenticeship program and carry out the purpose described in subsection (a)(1)(A)(ii) shall include as part of the application a description of employers engaged in the program expansion. An eligible entity applying to create or expand a pre-apprenticeship program and carry out the purpose described in subsection (a)(1)(A)(iii) shall include as part of the application a description of— a partnership between the eligible entity and at least one sponsor of an apprenticeship program; and an existing partnership with an employer acting in either an advisory capacity or actively participating in the pre-apprenticeship program. An eligible entity applying to create or expand a youth apprenticeship program and carry out the purpose described in subsection (a)(1)(A)(iv) shall include as part of the application a description of— an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with— integration into the academic content of the high school diploma requirements; or demonstrated plans for integration of related instruction into that academic content; and an existing partnership with an employer acting in either an advisory capacity or actively participating in the youth apprenticeship program. An eligible entity applying to create or expand a rural apprenticeship program and carry out the purpose described in subsection (a)(1)(A)(v) shall include as part of the application a description of how the program will address workforce needs. An eligible entity applying to encourage employer participation in a covered apprenticeship program that targets individuals with barriers to employment and carry out the purpose described in subsection (a)(1)(B)(i) shall include as part of the application a description of— specific strategies to target both individuals with barriers to employment and employers for participation in the program; and a partnership with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion of the program by program participants. An eligible entity applying to encourage employer participation in an apprenticeship or pre-apprenticeship program that targets individuals currently or recently incarcerated and carry out the purpose described in subsection (a)(1)(B)(i) shall include as part of their application a description of— a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program; a partnership with an organization that will assist program participants in accessing activities to improve financial literacy and supportive services; how the assessment used to support the placement of potential program participants into the program accurately reflects the program participants’ skills and competencies; a plan to provide information about resources to program participants to address mental health or substance abuse issues; a partnership with organizations that support— the transition from incarceration to re-entry, such as organizations that provide assistance with housing, transportation, child care, and legal services; and successful completion of an apprenticeship or pre-apprenticeship program; wages and benefits offered to program participants that are commensurate with wages and benefits for similar work in the State or local area, as allowable; and alignment of the program described in the application with the requirements and benefits of the Federal Bonding Program of the Department of Labor and the Prison Industry Enhancement Certification Program of the Bureau of Justice Assistance of the Department of Justice for employers participating in apprenticeship or pre-apprenticeship programs. An eligible entity applying to encourage employer participation in a covered apprenticeship program in a high-need social service-related industry, sector, or occupation and carry out the purpose described in subsection (a)(1)(B)(ii) shall include as part of the application a description of wages and benefits offered to program participants. An eligible entity applying to encourage employer participation, by small- and medium-sized businesses, in a covered apprenticeship program, and carry out the purpose described in subsection (a)(1)(B)(iii) shall include as part of the application a description of demonstrated success in engaging small- and medium-sized businesses (such as small businesses owned or controlled by underrepresented individuals such as women, minorities, or veterans) and the ability to recruit employers to participate in related partnerships or programs. An eligible entity applying to carry out a purpose described in clause
(i)or
(ii)of subsection (a)(1)(C) for the development or expansion of covered apprenticeship programs, shall include as part of the application a description of the ability of such entity to convene, for the purposes of developing or expanding the programs, a diverse group of industry-specific stakeholders, which may include employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), small businesses owned or controlled by underrepresented individuals such as women, minorities, or veterans, and education and training providers with national reach. An eligible entity applying to carry out the purpose described in subsection (a)(1)(C)(iii) for the development or expansion of covered apprenticeship programs shall include as part of the application a description of how such entity will— engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and covered apprenticeship programs; identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations; leverage additional resources, including funding provided through Federal and non-Federal resources, for the activities; and provide services to sponsors of the programs and program participants. An eligible entity applying to carry out the purpose described in subsection (a)(1)(D) shall include as part of the application a description— that demonstrates the entity is in a partnership with— no less than three sponsors or employers; or an industry or sector partnership; and at least 1 of— an educational service agency; a high school; a local educational agency; State educational agency; an Indian Tribe, Tribal organization, Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution, as applicable; a postsecondary educational institution; a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192 )); or a State higher education agency; and of a commitment to aligning or increasing the alignment of the related instruction with— the requirements for a high school diploma or its recognized equivalent, which may be fulfilled through a dual or concurrent enrollment program; or the requirements for a recognized postsecondary credential, including the degree requirements for an associate’s or bachelor’s degree at an accredited postsecondary educational institution. The Secretary may waive the requirements of subsection (e)(4) for an entity if the entity demonstrates that it serves an area described in subsection (b)(2)(A)(ii). For the period of 10 years beginning on the date of enactment of the National Apprenticeship Act of 2023, the requirements of section 122(e)(7) shall not apply to an entity if the entity demonstrates that it carries out a rural apprenticeship program under the Rural Program. Clause
(i)does not apply to an entity carrying out such an apprenticeship program in a high-hazard industry or occupation, including an occupation referred to in section 111(b)(5)(B)(ii)(II). The Secretary may waive the geographic distribution requirements of subsection (c)(2) for an entity if the entity demonstrates that it carries out a rural apprenticeship program under the Rural Program. An eligible entity that receives an award under section 201 for an apprenticeship modernization project— shall use at least 10 percent of the award funds to provide direct financial assistance to apprentices, pre-apprentices, or youth apprentices through grants to support their financial needs to enter, remain enrolled in, and complete the covered apprenticeship program assisted through the apprenticeship modernization project, such as support for the related costs of supplies and equipment, assessment or licensure fees, courses, transportation, child care, dependent care, internet access, and housing; and may use funds for any of the following activities: To establish or expand partnerships with organizations that provide to program participants in a covered apprenticeship program referred to in paragraph (1), access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete the program. To conduct outreach and recruitment activities for individuals who are potential program participants, including assessments of such individuals for, and enrollment of such individuals in, the program. To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities, to establish or expand industry or sector partnerships and the program. To carry out requirements for the award, including program evaluation and reporting requirements. To conduct any activities as described in the application that would advance the purposes of the award. To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(A)(i) shall use such funds to create a new apprenticeship program, which may include— creating and providing training and related instruction based on employer engagement; applying apprenticeship frameworks as described in section 111(b)(5)(B) to the State or local labor market and employer needs; aligning the new program with existing apprenticeship programs; acquiring appropriate equipment, technology, and instructional materials aligned with needs addressed by the new program, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials; and investing in supportive services for program participants enrolled in an existing apprenticeship program or an apprenticeship program created under this title. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include— expanding and enhancing related instruction; conducting outreach to and engagement with employers for the purposes of the program expansion, including outreach and engagement for creation or expansion of industry or sector partnerships; preparing additional instructors or mentors needed for the program expansion; building awareness of apprenticeship program opportunities for State and local workforce development, education, and economic development entities; providing commensurate wages, to wages for on-the-job training, for program participants during related instruction, as applicable; and investing in supportive services for program participants enrolled in an existing apprenticeship program or an apprenticeship program expanded under this title. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre-apprenticeship program, which may include— coordinating pre-apprenticeship program activities with the sponsor of an apprenticeship program in a high-skill, high-wage, or in-demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and establishing articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program; creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace, and supporting partnerships to create opportunities for pre-apprentices to earn academic credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program; providing program participants with career exploration and career planning activities and with exploration of postsecondary opportunities, including apprenticeship programs; with respect to program participants without a high school diploma or its recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre-apprentices or active pre-apprentices, including assessments that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program; development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include access during the 12-month period after the conclusion of the pre-apprenticeship program involved; providing wages, commensurate to the wages for the linked apprenticeship program, for pre-apprentices as they participate in the pre-apprenticeship program, as appropriate; paying the cost of related instruction or assessment or licensure fees associated with the pre-apprenticeship program, as appropriate; providing stipends to pre-apprentices enrolled in a pre-apprenticeship program to cover costs or out-of-pocket expenses resulting from the program such as assessments and fees for industry-recognized credentials or driver’s licenses during the time of that enrollment; or creating or expanding industry or sector partnerships to support the pre-apprenticeship program and to provide additional opportunities to the pre-apprentices. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include— paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials (which may be industry-recognized credentials), high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment; providing to employers, and to the extent practicable, labor organizations and joint labor-management organizations, technical assistance to support the participation of youth apprentices under the age of 18; integrating work-based and academic learning, which may include training in the workplace; providing program participants with career exploration and career planning activities and with exploration of postsecondary opportunities such as apprenticeship programs; providing technical assistance to support the participation of small- and medium-sized businesses in the youth apprenticeship program; developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include access during the 12-month period after the conclusion of the youth apprenticeship program; providing teachers, career guidance and academic counselors, school leaders, school administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships; or providing stipends to youth apprentices enrolled in a youth apprenticeship program to cover costs of out-of-pocket expenses resulting from the program for fees for driver's licenses during the time of that enrollment. To facilitate participation in a rural apprenticeship program, an eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(A)(v)— shall use the funds to provide assistance to program participants enrolled in an rural apprenticeship program to cover costs including— costs of housing; costs of transportation to and from the work site or another rural apprenticeship program site; costs of child care and elder care, fees associated with the attainment of a driver's license, and out-of-pocket expenses incurred as a result of participation in the rural apprenticeship program; technology and internet connectivity costs and costs of programs to facilitate remote and distance learning; and costs approved by the State apprenticeship agency or State office of apprenticeship to meet the goals of the Rural Program; shall use the funds to provide assistance to education and training providers in an apprenticeship program to cover costs described in clause (i); if the entity carries out an existing apprenticeship program in a rural area, may use the funds to expand (including addressing barriers to participation in) the existing program; and if the entity receives an award under the Rural Program to create a new rural apprenticeship program in a rural area— may use the funds to pay for collaborative activities with an entity carrying out an existing program in that rural area; and shall use the funds to coordinate activities with each such existing entity so that the new rural apprenticeship program does not duplicate the activities of the entity or create redundant activities. An eligible entity that receives funds under section 201, for an activity described in section 201(a)(1)(B)(i) that targets individuals with barriers to employment, shall use such funds to encourage employer participation in a covered apprenticeship program, which may include— providing financial assistance to employers to assist in paying for costs related to the covered apprenticeship program involved, such as the costs of training incumbent workers for participation as mentors or employees supervising on-the-job learning; assisting in paying for the cost of related instruction, assessment or licensure fees, or wages during related instruction for program participants; and establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing access to supplies and equipment necessary to begin the program. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(B)(i) that targets formerly incarcerated individuals shall use such funds to encourage employer participation in a covered apprenticeship program, which may include— providing financial assistance to employers to assist in paying for costs related to the program, such as the costs of training incumbent workers for participation as mentors or employees supervising on-the-job learning; or assisting in paying for the cost of related instruction, assessment or licensure fees, or wages during related instruction for program participants. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(B)(ii) shall use such funds to encourage employer participation in a covered apprenticeship program in high-need social service-related industries, sectors, or occupations, which may include— providing financial assistance to employers to assist in paying for costs related to the program, such as training incumbent workers as mentors or employees providing on-the-job training; assisting in paying for the cost of related instruction, assessment or licensure fees, or wages during related instruction for program participants; establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing access to supplies and equipment necessary to begin the program; or aligning such program with career pathways and opportunities for advancement along such career pathways. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(B)(iii) shall use such funds to encourage participation of small- and medium-sized businesses in a covered apprenticeship program, which may include— providing financial assistance to employers to assist in paying for costs related to the program, such as the costs of training incumbent workers for participation as mentors or employees supervising on-the-job learning; assisting in paying for the cost of related instruction, assessment or licensure fees, or wages during related instruction for program participants; providing technical assistance to small- and medium-sized businesses on the program registration process and on leveraging other available funds to support carrying out the program; or establishing or expanding partnerships to support covered apprenticeship program development or expansion, including establishing or expanding industry or sector partnerships to ensure inclusion of small- and medium-sized businesses. A qualified intermediary described in clause
(i)or
(ii)of section 201(a)(1)(C) that receives funds under section 201 for an activity described in section 201(a)(1)(C) shall use such funds to carry out activities at a national level for the development or expansion of a covered apprenticeship program, which may include— creating partnerships and developing collaborative activities with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of a covered apprenticeship program; assisting employers in expanding a covered apprenticeship program, developing such a program, and working together to create a pipeline of skilled workers; increasing the participation and completion of nontraditional apprenticeship populations in a covered apprenticeship program, which may include— supporting the development, implementation, and scaling of plans and practices; and identifying, developing, and disseminating effective program tools and strategies; providing national activities to increase awareness of and access to the program, including providing strategic marketing and outreach, technology improvements, and innovations, that make it easier for employers to start such a program and for individuals to connect with program opportunities; developing and disseminating training or related instruction that is associated with the program or is for curriculum improvements that align with the requirements of the program and related learning assessments; or providing industry employees or potential employees with a clear understanding of future career paths and the skills needed to succeed, along with cost-effective ways of acquiring those skills through the program. A qualified intermediary described in section 201(a)(1)(C)(iii) that receives funds under section 201 for an activity described in section 201(a)(1)(C) shall use such funds to carry out activities at a local or regional level for the development or expansion of a covered apprenticeship program through the establishment or expansion of a sector-based partnership, which may include— providing training or related instruction that is associated with the covered apprenticeship program or is for curriculum improvements that align with the requirements of the program and related learning assessments; engaging with local education and training providers to support, for the program, related instruction aligned with the needs of high-skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction for the program; providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include access during the 12-month period after the conclusion of the other activities of the program); providing technical assistance on the registration process for a sponsor of the program; connecting businesses, labor organizations, or joint labor-management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of the program; training incumbent workers for participation as mentors or employees supervising on-the-job learning in the program; and providing career exposure, career planning, and career awareness activities for program participants. An eligible entity that receives funds under section 201 for an activity described in section 201(a)(1)(D) shall use such funds to strengthen alignment between sponsors of a covered apprenticeship program and education and training providers in secondary, postsecondary, or adult education systems, including alignment relating to diploma (or its recognized equivalent), degree, and credential requirements, which may include— creating curricula or aligning the related instruction for the covered apprenticeship program to requirements for a high school diploma (or its recognized equivalent) or an associate’s or bachelor’s degree, including through providing for— dual enrollment in a youth apprenticeship program and a program for such a diploma or degree, with academic credit toward the diploma or degree from participation in the youth apprenticeship program; articulation agreements; or credit transfer agreements; creating or expanding career pathways aligned with the covered apprenticeship program; providing teachers, career guidance and academic counselors, school leaders, school administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of opportunities in the covered apprenticeship program available to students and enable individuals receiving the professional development to incorporate such opportunities into academic content and offerings; offering assessments of prior learning, and encouraging arrangements that include credit for prior learning to grant advanced standing in the covered apprenticeship program and academic credit towards an associate’s or bachelor’s degree; and training incumbent workers for participation as mentors or employees supervising on-the-job learning in the program. An eligible entity that receives funds under section 201 to create a new apprenticeship program, pre-apprenticeship program, or youth apprenticeship program shall use such funds to coordinate activities with existing sponsors of apprenticeship programs, pre-apprenticeship programs, or youth apprenticeship programs, respectively in the State so that the new program does not duplicate the activities of the sponsor or create redundant activities. Each recipient of an award under this title shall— provide for an independent evaluation of the apprenticeship modernization project carried out under this title during the award period, with funds made available through the award; provide for an annual report and for a final report at the conclusion of the award period, which include— a description of how the funds received through the award were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C); in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section for the programs involved on an annual basis; the total number of active program participants served through covered apprenticeship programs assisted under the apprenticeship modernization project; the total number of program participants in those programs that obtained unsubsidized employment in a field related to the occupation in which the program participants worked during the covered apprenticeship program; the total number of program participants that completed those programs in which the program participants were enrolled; the average time for a program participant to complete each of those programs, as compared to the hours required by program standards description under paragraphs
(1)and
(2)of section 123(b); for each of those programs, the average cost per program participant during the most recent program year and the 3 preceding program years; for each of those programs, the percentage of program participants who received support services; and the performance data described in subparagraphs
(A)through (H), disaggregated— by the program type (apprenticeship, pre-apprenticeship, or youth apprenticeship program) involved; and by race, ethnicity, sex, age, and whether the program participant is an individual with a barrier to employment; and submit each report under paragraph (2)— to the registration agency involved; and to the Administrator. The Administrator shall prepare— not later than 36 months after the date of enactment of the National Apprenticeship Act of 2023 , an interim evaluation on the activities carried out under awards made under this title; and not later than 60 months after the date of enactment of the National Apprenticeship Act of 2023 , a final evaluation containing the results of those activities. Such evaluations shall address, for the apprenticeship modernization project carried out under each award under this title, the general effectiveness of the activities of the project in relation to their cost, including the extent to which the activities— improve the participation in, retention in, and completion of covered apprenticeship programs assisted through the project, by nontraditional apprenticeship populations; to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, by program participants in the covered apprenticeship program assisted by the project above the levels that would have existed in the absence of such activities; respond to the needs reflected in State, regional, or local labor market data; prepare such program participants for high-skill, high-wage, or in-demand industries or occupations; and reach a wide variety of industry sectors and occupations. Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this subsection, the Administrator shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate an interim report summarizing the findings of the interim evaluation, and a final report summarizing the findings of the final evaluation, respectively. The Administrator shall make the interim and final reports available on a publicly accessible website not later than 60 days after the completion of the interim report and not later than 60 days after the completion of the final report, respectively. There is authorized to be appropriated to carry out this title— $350,000,000 for fiscal year 2025; $450,000,000 for fiscal year 2026; $550,000,000 for fiscal year 2027; $650,000,000 for fiscal year 2028; and $750,000,000 for fiscal year 2029. For each fiscal year specified in subsection (a), the Secretary shall reserve $40,000,000 from the amount appropriated under subsection (a), to carry out section 201(a)(1)(A)(v). In this title: The term apprenticeship modernization project means a set of activities described in a clause, or subparagraph (D), of section 201(a)(1) for which an eligible entity receives an award under section 201. The term award means a grant, contract, or cooperative agreement. The term covered apprenticeship program means an apprenticeship program, pre-apprenticeship program, or youth apprenticeship program in the national apprenticeship system. The terms existing and new , used with respect to a program, initiative, or partnership, means a program, initiative, or partnership (respectively) that existed or was new (respectively) as of the date of the corresponding application under section 201. The term Indigenous person means— an Indian, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and a Native Hawaiian, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). The term supportive services means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this title. .
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  • 20 USC 1087–51
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